Month: September 2018

Right to Copies of Signed Documents for Employees in California

Right to Copies of Signed Documents for Employees in California

California law gives employees the separate right to request and receive a copy of any documents they have signed relating to their jobs.

For example, employees may request copies of employment contracts, handbook acknowledgment forms, nondisclosure agreements, at-will agreements, and any other employment documents bearing their signatures.

The law doesn’t specify how quickly employers must comply with employee requests.

However, many employment-related documents that employees are asked to sign are put in their personnel files and should be covered by a personnel file request.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

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Right to Inspect Payroll Records for Employees in California

Right to Inspect Payroll Records for Employees in California

Employees in California have the right to inspect and copy their payroll records, as well.

Employers are required to provide California employees with certain payroll information when they receive their paychecks, either in the form of a separate document or a paycheck stub or voucher, including how many hours the employee worked, the rate of pay for each hour, deductions from pay, gross wages, and net wages.

Employers who fail to provide the required payroll information are subject to a $50 penalty for the first violation, and $100 for each subsequent violation, up to a maximum penalty of $4,000.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Right to Inspect Personnel Files for Employees in California – Part II

Right to Inspect Personnel Files for Employees in California - Part II

Employers need not provide letters of reference, records of any criminal investigation involving the employee, records that were obtained prior to the employee’s employment, or certain records made by an examination committee or in connection with a promotional exam.

Employers may also strike out the names of any non-supervisory employees that appear in your personnel file documents.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Right to Inspect Personnel Files for Employees in California – Part I

Right to Inspect Personnel Files for Employees in California

California gives employees and former employees the right to inspect any personnel records relating to their performance or to any grievance concerning them.

While California employees have broad rights to view documents relating to their employment, there are a few exceptions.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Accessing Your Personnel File and Payroll Records in California

Accessing Your Personnel File and Payroll Records in California

Under California law, employees have the right to inspect and copy certain documents in their personnel files.

In addition, employees are entitled to inspect and copy their payroll records. Employees also have the right to receive copies of any employment documents they have signed. Former employees have the same rights.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Reasonable Cap on Vacation Accrual in California

Reasonable Cap on Vacation Accrual in California

Unlike some other states, California does not allow “use-it-or-lose-it” vacation policies. Under a “use-it-or-lose-it” policy, accrued vacation must be used by a certain date – usually by the end of the year – or it is forfeited.

Because accrued vacation is considered earned wages, use-it-or-lose-it policies are seen as illegally withholding wages owed to employees.

Employers can, however, place a cap on vacation accrual. In other words, once employees reaches a certain number of days, they will stop accruing vacation until they use some of their vacation. This allows employers to maintain some control over vacation accrual and prevent employees from racking up unreasonable amounts of vacation time.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Vacation Accrual in California

Reminder Vacation in calendar

In general, vacation accrues over time as an employee works. For example, if a vacation policy gives an employee ten days of vacation each year, he or she will accrue five days of vacation after working for six months.

Employers can designate a waiting period at the beginning of employment before vacation starts to accrue, though. The waiting period often correlates with the 90-day introductory period, but can be as long as the first year of employment.

Employers can also give vacation to certain groups of employees but not others, as long as they don’t discriminate based on a protected characteristic, such as race or gender. For example, employers may give vacation only to full-time employees or only to managers.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

California Rules on Vacation and Paid Time Off

California Rules on Vacation and Paid Time Off

In California, employers are not required to provide any paid vacation or paid time off (PTO) to their employees.

However, studies have shown that giving employees time off to relax benefits not only employees, but also employers.

Happier, healthier employees usually mean greater productivity and employee retention for employers. Because of this, many employers choose to offer vacation as a benefit of employment.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

California’s Equal Pay Act

California_s Equal Pay Act

California’s Equal Pay Act has been amended in recent years to offer stronger protections to employees.

Under the law, which applies to all employers, an employer cannot pay an employee less than employees of a different gender, race, or ethnicity for substantially similar work.

It’s also illegal for California employers to tell employees not to discuss their wages or to retaliate against an employee who has exercised his or her rights under the equal pay laws.

Employees who are receiving lower pay than a coworker of a different gender, race, or ethnicity in a substantially similar job may file an administrative complaint with the California Labor Commissioner or file suit in court.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com